Grand theft auto, also known as “GTA,” is a serious offense defined in California Penal Code Section 487(d)(1). This law criminalizes the act of intentionally taking a vehicle belonging to someone else, a crime that carries significant legal consequences.
In many GTA cases, when someone has been charged with grand theft auto, they will also face an additional charge of “joyriding,” defined in California Vehicle Code Section 10851. However, it will depend on how long you intend to keep possession of the vehicle.
GTA is common throughout Los Angeles County, and prosecutors will aggressively pursue a conviction. Grand theft auto is a California “wobbler” offense, a term used to describe crimes that can be charged as either a misdemeanor or felony at the prosecutor's discretion. This discretion is typically based on the details and circumstances of the case and the defendant's prior criminal record. Understanding this 'wobbler' concept is crucial, as it underscores the need for professional legal representation to navigate the potential severity of the charges.
A classic example of GTA includes a situation where somebody steals a vehicle to use it as a getaway car in another crime or when a car is stolen to sell the individual parts from a chop shop.
It's important to remember that an arrest for Penal Code 487(d)(1) grand theft auto is far different than a conviction. If you are accused of GTA, you need to contact our Los Angeles criminal defense lawyers at Cron, Israels & Stark. We will review the details of your case and discuss your legal options, providing you with the support and guidance you need during this difficult time.
Definition of Grand Theft Auto – Penal Code 487(d)(1)
Grand theft auto under California Penal Code 487(d)(1) involves specific elements of the crime. The prosecutor must be able to prove certain factors – beyond reasonable doubt- to secure a conviction. The elements of the crime for PC 487(d)(1) are listed under CALCRIM 1820:
- Defendant took a vehicle belonging to someone else
- Defendant did not have consent from the owner to take the vehicle
- The vehicle was valued at $950 or more
- When the defendant took possession of the vehicle, their intent was either:
- To permanently deprive the owner of the car or
- Take the car long enough to deprive the owner substantial portion of the enjoyment or
- Defendant moved the vehicle, even a short distance, and kept it for a period of time
It should be noted you could also be charged with stealing a vehicle under grand theft by false pretenses, meaning you tricked the owner into giving you possession of their car.
What are the Penalties?
As stated, Penal Code 487(d)(1) states that grand theft auto is a California “wobbler” crime, meaning the prosecutor has the discretion to file the case as either a misdemeanor or felony. However, it should be noted that the Los Angeles County District Attorney files most GTA cases as felony crimes.
If convicted of misdemeanor GTA, you will be facing up to one year in county jail, fines, and probation.
If convicted of felony GTA, you will face 16 months, 2, or 3 years in jail, a fine up to $10,000, or both fine and jail.
There is penalty enhancement for high-value vehicles. If the value of the car was $65,000 or more, you could receive an additional year in jail. If the value of the car was $200,000 or more, you could receive an additional two years in jail.
Joyriding under California Vehicle Code 10851 is also a “wobbler” but is typically charged as a misdemeanor crime. If convicted of misdemeanor joyriding, you could face up to one year in the county jail and a fine of up to $5,000. If convicted of felony joyriding, you could face 16 months, 2 or 3 years in county jail, and a fine of up to $10,000.
The penalties for joyriding will change if you have a prior conviction for felony joyriding or felony grand theft auto under Penal Code Penal Code 487(d)(1).
What are the Related California Offenses?
- Vehicle Code 10851 – Joyriding
- Penal Code Section 215 – Carjacking
- Penal Code Section 459 – Auto Burglary
- Penal Code Section 487 – Grand Theft
- Penal Code Section 484(a) – Petty Theft
- Penal Code Section 496 – Receiving Stolen Property
- Vehicle Code 10801 – Operating a Chop Shop
Defenses for Grand Theft Auto – Penal Code 487(d)(1)
If you are facing allegations of grand theft auto defined under California Penal Code 487(d)(1), our Los Angeles criminal defense lawyers can develop several defense strategies to obtain the most favorable outcome possible. We need first closely to review all the details as every case is unique. The most common defense includes the following below.
Lack of intent
As listed in the elements of the crime above, a prosecutor must be able to show that you had the intent to steal the vehicle. This is a critical factor and often a target for an experienced criminal defense attorney.
It might be possible in some cases to convince the prosecutor they will find it difficult to prove intent – beyond reasonable doubt – and have them reduce your Penal Code 487(d)(1) grand theft auto charges to a lesser offense of Vehicle Code 10851, misdemeanor joyriding, which carries significantly less penalties. This possibility can provide a ray of hope in an otherwise challenging situation.
Consent from Owner
In certain cases, perhaps we could make an argument that you reasonably believed you had permission from the owner to possess their vehicle. Maybe the owner permitted you but needed to set an exact time for its return. Maybe there was a breakdown in communication leading to a simple misunderstanding, causing you to believe the owner consented, but at no time did you have a specific intent to steal their vehicle.
Ownership Belief
In some situations, perhaps we could make an argument that you had a reasonable belief that the vehicle belonged to you, even if it turned out later to be mistaken. This is known as the “claim of right” defense.
Maybe our lawyers could cast some doubt on this important factor and avoid a conviction for Penal Code 487(d)(1) grand theft auto or get your charges reduced to a lesser offense. Maybe we can show you had a good faith belief of vehicle ownership and you didn't intend to steal their vehicle. Maybe you thought the vehicle rightfully belonged to you. For example, it was a shared vehicle with another person.
False Accusation
In some grand theft auto cases, perhaps our attorneys could show you were falsely accused and wrongfully arrested. Maybe you are actually a victim of mistaken identity. Maybe the owner permitted you to use their car but accused you of stealing it out of anger, revenge, or jealousy. If you have been accused of grand theft auto in violation of California Penal Code Section 487(d)(1), contact our defense attorneys for a free case evaluation.
Related Content:
